According to the newspaper, Stern snapped a photo of the underwear with her cellphone as corrections officers inspected a bag of clothing Fermin Recaide's family had brought for him to wear to the trial. Officials say the caption suggested the family believed it was "proper attire for trial."

But someone saw the photo and reported it to Miami-Dade Judge Leon Firtel, who declared a mistrial.

Recaide is accused of fatally stabbing his girlfriend in 2010.

The judge must assign a new lawyer and set a new trial date.

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